Sekel Xabiso CA Incorporated and Transnet SOC Limited, Arbitration Foundation of Southern Africa (AFSA) and Others 2023-123305 - 2026 ZAGPJHC 216 - 10 March 2026

Country
Year

2026

Summary

It is contrary to section 217 (1) of the Constitution, 1996, for an organ of state to bind itself to continue to procure services from a specific contractor, or to agree to refrain from procuring such services from any other contractor, beyond the period provided for in an otherwise lawfully concluded contract. Such an agreement provides the contractor with an unconstitutional monopoly on state resources for the period of the restriction.

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